Jackson ex dem. Parker v. Hobby
New York Supreme Court
THIS was an action of ejectment, tried at the Madison circuit, in May, 1821, before Mr. Justice Pan JVess. Abijah Parker, deceased, of Madison, was admitted to be the common source of title to the parties.
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THIS was an action of ejectment, tried at the Madison circuit, in May, 1821, before Mr. Justice Pan JVess. Abijah Parker, deceased, of Madison, was admitted to be the common source of title to the parties. The lessor of the plaintiff claimed as son and heir of A. Parker, by an alleged marriage with Molly Nutter,> in 1763. The defendant claimed, by purchase, under the children of A. P., by Phebe Harris, by a marriage between them in 1789. The defendant was admitted to be in possession of the premises in question. The plaintiff then offered to read in evidence an original commission, which had…
1Opinion of the CourtPlatt, J.
The statote directs that the e< examinations, and all exhibits proshxccd to such commissioners, and proved by any witness, shall he annexed to the said commission, and returned to the Court out of which such commission issued, closed up and under the seals of Wo or more of the commissioners,” and that one of the commissioners or an agent shall deliver the same to one of the Judges of the Court from whence the commission issued, and shall make affidavit before such Judge, that he received the same from the hand of one of the commissioners, fee. “ and such Judge shall then open the same and…
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